Sen. Tammy Baldwin opposed Rebecca Taibleson’s bid for an appellate seat as the Wisconsin Democrat faced angering progressives or rejecting the bipartisan process that yielded the nomination.
Baldwin voted no on Thursday on a procedural motion before the full Senate to advance the Trump nominee and federal prosecutor to the US Court of Appeals for the Seventh Circuit. The motion to invoke cloture, or end debate on the nomination, passed 50-45.
“Wisconsinites expect judges who have relevant experience, respect everyone’s rights and freedoms, and will deliver justice fairly and impartially,” Baldwin said in a statement.
Baldwin cited Taibleson’s confirmation hearing in which the federal prosecutor declined to say whether Obergefell v. Hodges, the high court decision that established the right to same-sex marriage, was correctly decided. Taibleson had said that other landmark cases such as Brown v. Board of Education and Loving v. Virginia were correctly decided during the September hearing.
Baldwin also expressed disappointment in Taibleson’s stance that Dobbs v. Jackson Women’s Health Organization, which overturned the constitutional right to an abortion, is settled law.
Taibleson, a former clerk to Justice Antonin Scalia and DC Circuit clerk to Brett Kavanaugh, was included in a list of suggested nominees compiled by the bipartisan commission in Wisconsin Baldwin and Sen. Ron Johnson (R-Wis.) reestablished years ago.
While the commission is bipartisan, it’s up to each senator whether to support who’s chosen from the suggestions. Baldwin urged the White House to select from the list and respect their process.
Baldwin’s statement made clear that forwarding those recommendations was not an endorsement of the identified candidates.
The Republican-led Senate in the first Trump administration rejected the custom of support from both home-state senators to advance a circuit court nominee.
Democrats have largely dismissed Trump’s judicial nominees this term as unqualified and selected only for their fealty to a president who has lashed out at judges who rule against him.
Though, several Democrats have more recently supported a handful of nominees to the displeasure of progressive groups that want blanket opposition.
Liberal judicial advocacy group Demand Justice, particularly, has pledged under its new president to revive pressure tactics from the first Trump administration, including some that rankled Democrats.
Prior to consideration of the Taibleson motion that sets up a confirmation vote for Monday, Baldwin followed other Democrats in not supporting the confirmation of Chad Meredith to the US District Court for the Eastern District of Kentucky. He was confirmed 48-45.
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